Federal Acquisition Regulation; Technical Amendment, 21800 [E8-8422]
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Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
public comments were received in
response to the proposed rule. This final
rule makes no change to the proposed
rule.
Section 857 creates a different, higher
dollar ceiling to enable small businesses
to use the small claims procedure to
appeal a contracting officer’s final
decision. This rule amends the FAR to
add the ceiling at 33.211(a)(4)(v).
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Department of Defense, General
Services Administration, and National
Aeronautics and Space Administration
certify that this final rule will not have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because it does not change the rules for
buying and does not add an information
collection requirement. It will have a
small positive impact because small
businesses will be able to more easily
use the special contract appeals
procedure.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Part 33
Government procurement.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 33 as set forth
below:
I
(1) Review the facts pertinent to the
claim;
(2) Secure assistance from legal and
other advisors;
(3) Coordinate with the contract
administration officer or contracting
office, as appropriate; and
(4) Prepare a written decision that
shall include—
(i) A description of the claim or
dispute;
(ii) A reference to the pertinent
contract terms;
(iii) A statement of the factual areas of
agreement and disagreement;
(iv) A statement of the contracting
officer’s decision, with supporting
rationale;
(v) Paragraphs substantially as
follows:
‘‘This is the final decision of the
Contracting Officer. You may appeal this
decision to the agency board of contract
appeals. If you decide to appeal, you must,
within 90 days from the date you receive this
decision, mail or otherwise furnish written
notice to the agency board of contract appeals
and provide a copy to the Contracting Officer
from whose decision this appeal is taken.
The notice shall indicate that an appeal is
intended, reference this decision, and
identify the contract by number.
With regard to appeals to the agency board
of contract appeals, you may, solely at your
election, proceed under the board’s—
(1) Small claim procedure for claims of
$50,000 or less or, in the case of a small
business concern (as defined in the Small
Business Act and regulations under that Act),
$150,000 or less; or
(2) Accelerated procedure for claims of
$100,000 or less.
Instead of appealing to the agency board of
contract appeals, you may bring an action
directly in the United States Court of Federal
Claims (except as provided in the Contract
Disputes Act of 1978, 41 U.S.C. 603,
regarding Maritime Contracts) within 12
months of the date you receive this decision’’
; and
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
(vi) Demand for payment prepared in
accordance with 32.610(b) in all cases
where the decision results in a finding
that the contractor is indebted to the
Government.
*
*
*
*
*
2. Amend section 33.211 by revising
paragraph (a) to read as follows:
BILLING CODE 6820–EP–S
PART 33—PROTESTS, DISPUTES,
AND APPEALS
1. The authority citation for 48 CFR
part 33 continues to read as follows:
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[FR Doc. E8–8427 Filed 4–21–08; 8:45 am]
mstockstill on PROD1PC66 with RULES3
I
33.211
Contracting officer’s decision.
(a) When a claim by or against a
contractor cannot be satisfied or settled
by mutual agreement and a decision on
the claim is necessary, the contracting
officer shall—
VerDate Aug<31>2005
16:41 Apr 21, 2008
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 1
[FAC 2005–25; Item VII; Docket FAR–2008–
0001; Sequence 10]
Federal Acquisition Regulation;
Technical Amendment
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCIES:
ACTION:
Final rule.
SUMMARY: This document makes an
amendment to the Federal Acquisition
Regulation in order to make an editorial
change.
DATES:
Effective Date: April 22, 2008.
The
FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, (202)
501–4755, for information pertaining to
status or publication schedules. Please
cite FAC 2005–25, Technical
Amendment.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Part 1
Government procurement.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 1 as set forth below:
I
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1. The authority citation for 48 CFR
part 1 continues to read as follows:
I
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 1.603–1 by revising
the last sentence to read as follows:
I
1.603–1
General.
* * * These selections and
appointments shall be consistent with
Office of Federal Procurement Policy’s
(OFPP) standards for skill-based training
in performing contracting and
purchasing duties as published in OFPP
Policy Letter No. 05–01, Developing and
Managing the Acquisition Workforce,
April 15, 2005.
[FR Doc. E8–8422 Filed 4–21–08; 8:45 am]
BILLING CODE 6820–EP–S
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]]>Agencies
[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Page 21800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8422]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1
[FAC 2005-25; Item VII; Docket FAR-2008-0001; Sequence 10]
Federal Acquisition Regulation; Technical Amendment
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes an amendment to the Federal Acquisition
Regulation in order to make an editorial change.
DATES: Effective Date: April 22, 2008.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, (202) 501-4755, for information
pertaining to status or publication schedules. Please cite FAC 2005-25,
Technical Amendment.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Part 1
Government procurement.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 1 as set forth below:
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
1. The authority citation for 48 CFR part 1 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 1.603-1 by revising the last sentence to read as
follows:
1.603-1 General.
* * * These selections and appointments shall be consistent with
Office of Federal Procurement Policy's (OFPP) standards for skill-based
training in performing contracting and purchasing duties as published
in OFPP Policy Letter No. 05-01, Developing and Managing the
Acquisition Workforce, April 15, 2005.
[FR Doc. E8-8422 Filed 4-21-08; 8:45 am]
BILLING CODE 6820-EP-S
